Section 86.292. Procedures and requirements

(a) To apply for a bond credit a qualified mining operator shall, at a minimum:

(1) Meet the requirements of § 86.253 (relating to operator and project qualification).

(2) Submit a proposed reclamation plan for abandoned mine lands. This plan shall include provisions for water handling and erosion and sedimentation control to prevent offsite impacts from the reclamation activities.

(3) Provide an estimate of the cost of reclamation.

(4) Demonstrate that the operator, any related party or any person who is owned or controlled by the operator or who owns or controls the operator, bears no responsibility for reclamation of the area to be reclaimed, including, but not limited to, obligations under a mining permit, reclamation under section 18 of the act (52 P. S. § 1396.18) or reclamation under a contract with the Department including abandoned mine land contracts.

(b) If the proposed reclamation activities have potential for significant offsite impacts, the Department may require, as a condition of approving the proposed reclamation plan, that the operator post a performance bond at least in an amount necessary to ensure that the operator completes the reclamation as proposed. The performance bond shall be released by the Department upon completion of the work described in the approved reclamation plan.

(c) Upon approval of the proposed reclamation plan and performance bond, if required, the Department will execute an agreement with the operator on forms prepared and furnished by the Department. At a minimum, the agreement will:

(1) Require the reclamation to be completed in accordance with the approved reclamation plan.

(2) State the bond credit amount which will be extended upon satisfactory completion of the reclamation work.

(3) Specify a date by which reclamation work is expected to be completed.

(d) The bond credit agreement may be amended or terminated at any time by mutual consent of the operator and the Department. Amendments may include changes to the approved reclamation plan, including the type and extent of reclamation, the completion and termination dates and the amount of bond credit. All areas affected by the operator’s activities shall be permanently stabilized in accordance with Chapter 102 (relating to erosion control) before the agreement may be terminated.

(e) An operator who fails to complete the reclamation as specified in the agreement will be subject to enforcement action by the Department, including, but not limited to, assessment of civil penalties, license suspension or revocation, permit suspension or revocation.

Notation

Cross References

This section cited in 25 Pa. Code § 86.293 (relating to issuance).